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Keyword: Local Impact

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The search returned 2 results.

The ‘Effect on Trade’ Criterion in European Union State Aid Law: A Critical Approach journal article

Bernadette Zelger

European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 28 - 42

This piece focuses on the second aspect of the fourth criterion for a measure to qualify as aid pursuant to Article 107(1) TFEU, namely whether a respective measure has an effect on trade between Member States or rather qualifies as purely local in nature. It will be demonstrated that the Commission’s existing guidance on the effect on trade criterion in its Notion of Aid Notice and its package of recent Commission decisions provide two main criteria which have to be considered when assessing whether or not a measure is local. Therefore, these packages, along with further guidance of the Commission on the effect on trade criterion in its Notion of Aid Notice, do provide a framework for identifying local measures, however, the framework provided does not pursue a ‘safe harbour’ approach like, for example, the Commission’s General Block Exemption Regulation or the De Minimis Regulation. This article provides a critical analysis of the existing legal framework and the Commission’s guidance in this respect, and concludes by suggesting a novel policy approach. Keywords: Effect on Trade; Competition; Distortion; Notion of Aid.

The Concept of “Local Impact” in Cross-Border Regions journal article

Bob Feidt

European State Aid Law Quarterly, Volume 16 (2017), Issue 4, Page 634 - 636

On 29 April 2015, the European Commission published its decisions on several notified measures, arguing that in none of those cases State aid was involved because the measures were unlikely to have a significant effect on trade between Member States. Although the “local impact” concept, which still needs to be validated by the Court of Justice of the EU, is a welcomed initiative, it raises several questions. Some of these questions come up when applying the “local impact” concept to measures undertaken in cross-border regions. This short opinion piece underlines certain shortcomings of the concept attempting to spark a discussion that could help improve the concept. Keywords: Interstate Trade; Local Impact; Cross-Border Regions; Catchment Area.

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